Sunday, August 13, 2017

Jho Loh: CIA spy made state witness for immunity?

We received a tip-off in the middle of the week before last that Jho Loh is "cooperating" with the US Department of Justice (DOJ).

The source speculated that he could implicate Dato Mohd Najib to save his skin. Yes, the source is not from the Anti-Najib Campaigners, but pro-Najib. It sounded rather protective.

A check with an ANC side source found there is some truth to it but the extent of the "cooperation" is not known.

Another source speculated that Jho Loh could be a "crown witness" and that way, get let off with a slap in the hand. They called it state witness in the States.

Me no lauyar, but our logic, based on some understanding and opinion of law practitioners, limited access to certain people, and years of following 1MDB before the public is aware of such a thing, tells me that something does not feel right.

Over tea on the Thursday with someone on a certain matter, the subject came up. And, there was something concrete to confirm such possibility.

However, we were thinking more of the matter in hand.But, we did shared some ideas with the someone.

Leaked bombshell

On Thursday morning, Sarawak Report broke the following:

In her posting, Clare Rewcastle Brown was rambling more of Sheikh Yousef Otaba, the UAE Ambassador to the US and his relation with Jho Loh.

It could be totally ignored as nothing to do with 1MDB but money diverted from legally fulfilled obligation of 1MDB.

The title matter came only at the end and is quite typical of a spinned and dramatised writing.

She revealed the following May 17, 2017 e-mail:

In the first place, we hardly trust any email document of Clare.

She adulterated email on Petrosaudi and till today, could not produce evidence Good Star belonged to Jho Loh. On many occasions, she was caught publishing fake documents and pictures since the day SR came online in 2006 to attack Pehin Seri Taib Mahmud.

He is the real culprit as far as Malaysians in the know of the 1MDB debacle. This blog made this known as early as February 2015 and several postings after (read here, here and here).

The leak of selective documents (not complete set) in the 1MDB attack is about the problem with the high living fatso.

But, Tun Dr Mahathir took it for a spin to oust Najib to avenge for Mukhriz's VP loss and the nationalisation of his IPP cronies or some say, proxies.

Inside sources within ANC claimed Mahathir hired SR's Clare and a team of lawyers to concoct documents and collaborated with Loretta Lynch and James Comey to file a complain.

The existing accusation on Najib is weak and based on the premise of ultimate responsibility. It could be dispelled as political propaganda to put him in play.

More information and evidence required to proof he was actively involved in the wrongdoings.

There must be substantive facts and evidences or a logical story/personal experiences to accuse a person of murder as in the Altantunya's death, or corruption for the purchase of two Scorpene submarines and now the swindling of 1MDB's RM42 billion, to use Mahathir's figure and recently, argued in support by Tony Pua at a political rally.

In the first DOJ civil case, Jho Loh's family made claims on several assets. So one could presume he is cutting a deal to request his family's asset be taken of the list and remaining asset fought in court.

The Bloomberg report mentioned that:

Low also issued a statement in June, saying the U.S. government was continuing “inappropriate efforts to seize assets despite not having proven that any improprieties have occurred.”

It would odd on DOJ to not pursue the main "player" in this alleged scam and given a Get Out of Jail card to get away scot free.

"The U.S. is moving forward with a criminal investigation into money stolen from a Malaysian state investment fund that allegedly was used to acquire about $1.7 billion in real estate, art, jewelry and other assets.

Court filings by the Justice Department Thursday show the U.S. is escalating its probe in a worldwide effort to track how much of the money that was raised by 1Malaysia Development Bhd. was used to pay for luxury real estate in New York, London and Beverly Hills, film productions, private jets, yachts and more.

Justice Department officials asked a judge in Los Angeles to put on hold civil forfeiture lawsuits against assets acquired by Malaysian financier Low Taek Jho, also known as Jho Low, and others involved with 1MDB because pursuing these cases may hamper the criminal investigation."

The Reuter's version of the same news here. Both the report highlighted as headline of US law enforcement pursuing a criminal probe.

Naturally, it was fodder for pro-opposition to go about town shouting the offenses are criminal in nature.

No representatives need go anywhere as Malaysia does not and rightfully so, recognize the incomplete fictitious jurisdiction of the DoJ in the 1MDB affair.

What the 1MDB affair has exposed is an illegality the US complains of often against countries like China and any other state that has disagreements with it. The appropriation of an independent nations sovereignty.

Who gave the US the right to pursue the 1MDB complaint. The complaint has to come from a lawful authority firstly that is recognized as having authority to make such complaints.

No doubt there will be gullible members of the public that could fall for the trick.

They had no idea that the questionable part of the two civil asset forfeiture applications by DOJ lies in it's civil nature. It is unfair to freeze assets on mere suspicion under a law that is above all other existing laws and empowered to few people!

Lawyer Lukman Sheriff in his Facebook here see the criminal action pursued as more appropriate:

... US DOJ civil action ... runs contrary to many principles of natural justice. It implicates people unfairly and does not provide a platform for those implicated to defend. It's an action against assets but without trial on the person.

The same opinion of US Supreme Court judge, Clarence Thomas in a previous posting here.

... why they had promised to give back to some foreigners (Malaysian) from a far away land (Malaysia) certain assets subjected to a civil forfeiture proceedings in US when most if not all of the assets supposedly purchased by monies stolen from the foreigners will actually go to US law enforcement agencies in accordance with US laws if they are successful in securing the forfeiture.

.. the idea of the US trying to save Malaysians of their assets is akin to the argument that the US was trying to save the world from weapon of mass destruction by bombing Saddam Hussein and the people of Iraq. .. there is no such thing as a free lunch.

Why now?

The reason for the delay in the civil cases was reported in Bloomberg as:

An FBI agent warned in a U.S. court filing that information disclosed in the civil cases may reveal “potential targets and subjects of the investigation and the investigative techniques that have been and will be used in the investigation.”

"Such disclosures could result in the destruction of evidence, flight of potential subjects and targets, or the identification and intimidation of potential witnesses," according to the agent’s declaration.

After more than two years from the filing of the first case and the fanfare over the biggest case of Kleptocrasy, a term former US Attorney General, Loretta Lynch made popular in Malaysia, why only now do DOJ decide to take the criminal route?

Zakhir aka Bigdog cynically described DOJ's reason in the facebook of Salahuddin Hisham here as akin to begin to date and getting acquinted after getting a woman 4 months pregnant.

The perception is DOJ's first civil case tanked in court and
subsequently filed another civil action to keep the case current in the
public mind.

Since it is still not moving forward, it could it be a DOJ diversion.

In his Facebook here, BN Strategic Communications (BNSC) Deputy Director Dato Eric See-To said it plainly that the civil suit were going nowhere and is essentially frozen.

"This is nothing new as more than a year ago, there were periodic news reports that criminal charges were imminent - but until today, no criminal charges has been filed as yet," he said.

Mahathir's lawyer Haniff Khatri protested and accused BN of spinning. He claimed the case has escalated into a criminal case. (Read FM here)

Since critics of DOJ have long questioned why not press for criminal charges, Hanif is spinning too. So do Clare Brown in her later posting, "Does this mean it's CRIMINAL?"

To save face, Malaysiakini (read in Din Merican's here)
reported "government (US) had been conducting the criminal probe prior
to the commencement of DOJ’s action, and that investigation was still
ongoing".

Both Bloomberg and Reuters reports did not reiterate earlier statement by Loretta Lynch that claimed they believed there were basis to file for seizure and forfeiture.

Spokesman for the DOJ in Los Angeles, Thom Mrozek, neither made immediate comment nor response to any questions.

Desperate Jho Loh

In her email to FMT here, Clare Brown express confidence that the 1MDB criminal charge is a foregone conclusion.

She has been confident for years but it has not concluded to anything. Is she so confident Jho Loh would squeal to implicate Najib?

Jho Loh may have possession of documents with Najib signatory. Maybe he gave leads for FBI to investigate further.

Bloomberg reported Jho Loh's statement in June that look like a hint:

"We look forward to the court being presented with the actual facts which demonstrate that the DOJ’s case is completely without foundation."

The e-mail in May only made known that he had "working relationship" with US enforcement authorities.

Jho Loh may have cooperated upon realising he has no place to run and his yatch is closely followed by international media.

And sources claimed he tried to get help through certain local person but no one is willing to cover for him.

This blog posted few years ago that Najib was ready to face the political storm but cover-up he will not. It came from reliable source.

3 comments:

"He is the real culprit as far as Malaysians in the know of the 1MDB debacle."

But... everybody in Malaysia... the Police, Old/NewPAC Chairman, AG Apandi, AG Ambrin Buang, BNM... etc... have never called him for any interview or interrogation.

Even at the outset of 1MDB scandal, the UMNO Youth... former 4th. floor chief... once said that Jho low must be investigated too. After Jho Low replied... 'UMNO goons were spins-master'... or something to that effect, nobody dares to even open their mouth anymore.Suddenly, SPRM made a bust of RM100 million in KBS... and that's it, not a single word more, about 1MDB or Jho Low from the UMNO Youth Chief's mouth.

Lo and behold... now you suspected that Jho Low is a CIA Secret agent???

Me... I've long had a hunch that Jho Low was DAP's agent, send by Kit Siang or his son, to implode UMNO-Najib from the inside. After-all, Jho Low and his billionaire family hails from Pulau Pinang. Furthermore, its easier to manipulate a man whose wife is a spendthrift.